Rucker v. State’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * Upon reviewing the present petition, the trial [hearing] court, in an order entered October 1, 1976, ordered the five (5)[-]year sentence to run consecutive [sic] to the life sentence. The trial judge, by this order, appears to have abrogated the agreed order of April 28, 1976. * # # * * * * * * A sentence for life does not expire but continues so long as a person serving such sentence lives, or, until a pardon has been granted. Doyle v. Hampton, 207 Tenn. 399 , 340 S.W.2d 891 (1960). * * * A commutation would also terminate a life sentence. The granting of parole does not terminate a sentence but merely suspends the execution of the penalty thereon. Doyle v. Hampton, supra. Therefore, so long as the life sentence remains in effect, service of the five (5) [-]year sentence shall not commence and eligibility for parole does not exist. [Emphasis added by the writer.] * * * The courts have no authority or jurisdiction to terminate a valid sentence of confinement. The authority to grant pardons and commutations of sentences rests solely with the executive authority of this State. Article III, Section 6 of the Constitution of Tennessee, T.C.A. § 40-3501 — § 40-3508. The granting of parole is vested exclusively in the Board of Pardons and Paroles. T.C.A. § 40-3613. Therefore, the agreed order entered in the trial court on April 28, 1976, was void and had no binding effect on the Board of Pardons and Paroles. The trial court [sic] order of October 1st, 1976, recognized the imp”

   1 later decision quote this exact passage
   e.g. Rucker v. Rose